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<br /> <br />Page 165 <br />Section 2.07.5 <br />111(2) (c) Information in the reclamation plan portions <br />of the application, which is required to be filed wife the <br />Division under Section 34-33-111(2), C.R.S. and which is not on <br />public file pursuant to State law, shall be held in confidence <br />by the Board and the Division provided that such information is <br />clearly identified as being confidential or a specific written <br />request is received from the applicant. <br />(2) (a) Information required by 2.07.5(1 )(b) and (c) <br />to be kept confidential by the Division shall be submitted by <br />the appl icant in a binder or fol aer which i s cl early identi Pied <br />as containing the confidential information. <br />(b) The Division shall, upon receipt of the <br />confidential information, take appropriate measures to assure <br />its confidentiality. <br />2.Ol.b Criteria for Review of Permit Applications for <br />Permit Approval or Denial. <br />(1) Review of permit appl ications. <br />114(2), (a) (i) the Division shall review the canplete <br />(3),(4) appl ication and written comments, written objections submitted, <br />and records of any informal conference held under 2.07. <br />114(2) (a) (i i) The Division shall determine the <br />adequacy of the fish and wildlife plan submitted pursuant to <br />2.05.0{2), in consultation with State and Federal fish and <br />wildlife management and conversation agencies having <br />responsibilities fur the management and protection of fish and <br />wildlife or their habitats which may be affected or impacted by <br />the proposed surface coal mining and reclamation operations, <br />110(2)(f) (b) Based on available information concerning ' <br />ll4(3) Federal and State failure-to-abate cessation orders, unabated <br />Federal and State imminent harm cessation orders, delinquent <br />civil penalties issued pursuant to Section 518 of the Surface <br />Mining Control and f~clamation Act, (30 U. S.C.1201 et. seq. ), <br />including delinquent civil penalties assessed under any State <br />regulatory programs approved pursuant tv SMCRA, bond forfeitures <br />where violations upon which the forfeitures were based have not <br />been corrected, del irquent abandoned mine reclamation fees, and <br />unabated violations of Federal and State laws, rules, and <br />